摘要
当前创新和加强审判管理已成为人民法院的一项重要工作,亟需系统的理论研究来统一认识和指导实践。审判管理如要克服自身缺陷、实现可持续发展,就必须实现科学化,即应做到:既要突出针对性,又要注重系统性;既要强调规范化,又要强调类型化;既要强化审判管理,又要尊重审判规律;既要注意量化评价,又要注意评价体系及其运用的客观性与合理性;既要实行高标准的严格管理,又要实行人性化的管理;既要把法官当成被管理者,又要使法官成为管理者;既要管理被管理者,又要管理管理者。同时,应把审判管理放在恰当的位置上,更应注意寻求确保司法公正高效廉洁的根本治理之策。
The Innovation and enhancing of trial management has become important work for the people~ court current- ly ; however systematic academic research is earnestly needed to obtain better understanding so as to direct judicial practice. This paper, in response to such needs, holds that trial management must be carried out with the help of scientific guidance based on a precise delimitation of trial management. Further, the author thinks that, in order to overcome its own shortcom- ings and get a sustainable development, we should do the following: highlighting the specific aim and pay attention to its systematic characters; emphasizing standardization as well as classification; strengthen the trial management and respecting basic judicial principles ; we should pay attention to quantitive evaluation of trial, and simultaneously we should not ignore the application and rationality of the system, it is also important that strict yet humanized management is required, since judge is taken as the target for management, who should be the one to manage and be managed. What~ more, both the manager and those being managed in this system should be viewed equal. Lastly, this paper points out that the trial man- agement can only play its due function through rational analysis, and more attention should be paid to the measures ensuring clean and efficient trial.
出处
《法律科学(西北政法大学学报)》
CSSCI
北大核心
2013年第6期27-34,共8页
Science of Law:Journal of Northwest University of Political Science and Law
基金
中国行为法学会部级重点课题(〔2011〕学研002号)"社会管理创新的法治化路径"
关键词
审判管理
审判管理科学化
司法公正
trial management
scientific management
judicial justice